SAN FRANCISCO (KCBS) – San Francisco District Attorney George Gascón said a legal brief recently filed recently filed by city prosecutors in a drug case, that argues all medical marijuana dispensaries in California are illegal, no longer represents the views of his office.

Gascón said the brief, which states directly “All sales of marijuana are illegal,” should not have been filed in the case against a delivery woman for Mr. Nice Guy, a Haight Ashbury dispensary shuttered by the Justice Department in December.

“This is a 3-year-old memo that has been floating around the office, and it was used without my knowledge. And it does not represent my views on the law,” he said.

KCBS’ Tim Ryan Reports:

SF District Attorney Assures Medical Marijuana Community He Is Pro-Pot

Gascón said the memo was being taken out of circulation, although that does not necessarily mean charges against the woman in the Mr. Nice Guy case would be dropped.

Prosecutors have scheduled a meeting with her attorney, former District Attorney Terrence Hallinan, to discuss the facts of the case and reassess the prosecution

Police confiscated $631 in cash, more than 100 plastic bags of pot and hashish, and 48 marijuana edibles from the woman when she was arrested.

Gascón indicated charges would be dropped if the patient had a legitimate medical marijuana card and the woman was working on behalf of a licensed cannabis club.

Medical marijuana prosecution was not a priority for the San Francisco District Attorney’s Office, Gascón said, adding he would meet with medical marijuana advocates later on Thursday to clarify his stance.